Summary of News Items Related to DNA and the Criminal Justice System: Addendum DNA Database Expansion Complying with a law passed last year, Virginia began collecting DNA samples on January 1, 2003 from anyone charged with a violent felony, launching the most aggressive effort in the country to catalogue genetic samples of people not yet convicted of crimes. A predicted 1,000 to 1,500 samples will be taken each month from arrested suspects. If the person is acquitted or the charge is dismissed, the data will be expunged. But one VA defense lawyer worries: “There are several ways that a person can go to court and not be convicted but not have a dismissal or an acquittal. For example, prosecutors can choose to not pursue a charge. That would not be entered into the computers as a dismissal by a judge.” Louisiana plans to test those arrested for serious crimes, but staffing and financial concerns have put the process on hold. Last year, Texas began testing those indicted on some sex offenses.1 Under Queensland, Australia law, anyone charged with an offense punishable by prison is required to provide a DNA sample to police by mouth swab. Those who refuse to provide samples must be offered a second chance to comply. Under the Police Powers and Responsibilities Act, those who refuse a second time are subject to reasonable police force to take “non-consent” hair samples, and to charges of police obstruction. No one facing criminal charges has yet tried to stop police from taking DNA via a court challenge.2 The Offenders Aid and Rehabilitation Service of South Australia has proposed legislation that young offenders should have their criminal convictions wiped clean after 5 years of good behavior, and adults after 10 years; the legislation would apply only to minor offenses in which the criminal served fewer than 30 months and was fined up to $10,000. Australian Democrats argued that they should also have their DNA records purged.3 DNA Postconviction Testing, Exonerations, and Capital Punishment As Louisiana employs one of the largest DNA dragnets in U.S. history to catch a serial killer, raising ethical and legal concerns in the process,4 a lack of funds has rendered essentially moot a 2001 law designed to give inmates easier access to 1 Maria Glod, "Va. To Begin Taking DNA after Arrests for Felonies; Prosecutors, Rights Activists Split on Database Expansion," The Washington Post, January 1 2003. 2 Paula Doneman, "Robinson May Face 'Forced' DNA Test," Courier Mail, January 10 2003. 3 Sean Fewster, "Wipe DNA for Young Offenders: Democrats," The Advertiser, January 4 2003. 4 See David M. Halbfinger, "Police Dragnets for DNA Tests Draw Criticism," The New York Times, January 4 2003. postconviction testing. The tests cost about $1,000 each, in addition to the attorney fees that are often involved in finding evidence to test and in convincing judges to consider their applications for testing. When the testing law was implemented, a state fund was set up to pay for the DNA tests, but no money has been placed in that account. Governor Foster says he will include money to pay for the testing of indigent prisoners in his budget next year, but his attorney said he did not see a need for the state to help pay for attorneys, noting that groups such as the Innocence Project are doing this work on their own. A former prosecutor agreed, saying inmates themselves should be able to fill out the initial application. Barry Scheck, however, noted that it takes an average of four to five years to prepare a case for application, and that inmates working on their own stand “almost no chance.” The changes in the law to allow for the test are set to expire in August 2005.5 The Virginia State Crime Commission has asked the state Supreme Court to delay implementing a proposal that would give felons more time to bring forward new evidence of innocence, saying the controversial issue belongs in the hands of lawmakers. Sen. Kenneth W. Stolle (R-Virginia Beach), the commission's chairman, introduced “placeholder” legislation that would increase the deadline from 21 to 90 days while lawmakers study the issue. Del. James F. Almand (D-Arlington) introduced a bill that would allow new evidence to be brought forth anytime. A 2001 VA law gave inmates the right to ask for DNA tests anytime and VA voters last fall approved a constitutional amendment that allows felons to present that scientific evidence to the Virginia Supreme Court to seek a “writ of actual innocence.” In recent weeks, the state's highest court has considered expanding the rule to allow inmates to bring forward any new evidence—not just biological evidence.6 As expected, on December 19, 2002, Manhattan Supreme Court Justice Charles Tejada vacated the convictions of all 5 of the accused in the Central Park jogger rape. Before his 10:30 am ruling, the detectives’ union went before an appeals court at 9:30 am to seek an injunction and to order Tejada to hold a hearing where Matias Reyes, who confessed to being the sole rapist and whose DNA matched that at the crime scene, could be cross-examined. “It's our contention that the facts as presented [by the Manhattan district attorney's office] are incomplete, inaccurate and one-sided.” Although Police Commissioner Raymond Kelly and the original investigating detectives wanted such a hearing, Tejada decided it was unnecessary since prosecutors supported the dismissals.7 Thomas Galligan, a former Manhattan Supreme Court justice himself and the judge who presided over the original trial, similarly said that he would not have cleared the 5 based on Reyes’ story. Galligan continues to believe that the 5 youths were involved in the rape, and would have appointed an independent lawyer to grill Reyes and held a hearing 5 Laura Maggi, "DNA Test for Inmates Elusive Despite Law; La. Fund Lacks Cash; Evidence Hard to Find," The Times-Picayune, December 16 2002. 6 Maria Glod and Steven Ginsberg, "Va. Delays Changing New Evidence Rules; Panel Wants Legislators to Decide Deadline," The Washington Post, January 9 2003. 7 Alice McQuillan and Barbara Ross, "Jogger 5 Ruling Today; Irate Detective Union Vows to Block Order," Daily News, December 19 2002. in which Reyes told his story under oath before ruling. Galligan further noted that there was very little new evidence warranting the dismissal, since jurors at the original trial knew crime scene DNA didn’t match any of the 5; since inconsistencies in confessions are not unusual for such a violent crime; and since the 5 waived their right to speak to counsel before talking to detectives. He added, “They didn’t force anybody to confess. The police and the detectives on this case did a fine job.”8 A University of Maryland survey concluded that state prosecutors are far more likely to seek the death penalty for black suspects charged with killing white victims than in other cases. Democratic Governor Parris Glendenning halted all executions in May 2002 on growing evidence of such racial bias, but Republican Governor-elect Robert Ehrlich, who takes office January 2003, says he will lift the moratorium regardless of the findings and review cases on an individual basis. Survey leaders, however, say that “The kind of disparities we're finding are systemic. They cannot be identified on a case-bycase analysis.” Twelve men, eight of them black, are on Maryland's death row, all convicted of murdering white victims. Four who have exhausted all appeals could be executed immediately if the moratorium is ended.9 Less than two days before leaving office, Illinois Governor George Ryan (R) commuted the sentences of all 167 IL death row inmates (IL has the country’s 8th largest death row population). “Because the Illinois death penalty system is arbitrary and capricious—and therefore immoral—I no longer shall tinker with the machinery of death,” Ryan said. Three inmates’ sentences have been commuted to less than life in prison, and they may one day be released; all others will serve life sentences without parole. Ryan referred to capital punishment as “one of the great civil rights struggles of our time,” and argued that it “is haunted by the demon of error—error in determining guilt, and error in determining who among the guilty deserves to die.” According to one County State’s Attorney, the majority of those receiving commutations never contested their guilt. The commutations includes those for some of IL’s most notorious killers. Among those receiving clemency are a man and woman who murdered a pregnant woman, her 10-year-old daughter and 7-year-old son, and cut the baby from her womb. The baby survived. Others on death row include two brothers who beat a sleeping couple to death with baseball bats and a father who tortured his mute, severely retarded and handicapped stepdaughter for five years until she died. The previous day, Ryan had pardoned four death row inmates he said had been coerced into giving false confessions.10 Gary Dotson, the first U.S. inmate to be exonerated by DNA evidence, was in attendance at Ryan’s announcement. The incoming democratic governor criticized the commutations. Meanwhile, another IL case continues to highlight serious problems in the state’s criminal justice system. Eight months after hearing the case, IL’s 5th District Court of 8 Robert Ingrassia, "Judge Blasts Jogger 5 Reversal," Daily News, December 21 2002. Conor O'Clery, "Us Death Penalty 'Has Racial Bias'," The Irish Times, January 9 2003. 10 Don Babwin, "Gov. George Ryan Grants Blanket Clemency for Death Row Inmates," The Associated Press State & Local Wire, January 11 2003. 9 Appeals court ordered a new trial for Gregory Bowman, who has spent 23 years in prison for two murders, arguing that county sheriff’s deputy Robert Miller “coerced” him into confessing using unconstitutional tactics. In 1978, at the height of the furor over the murders, Bowman was arrested in the abduction of a woman from a coin laundry. After hours of interrogation, police discounted Bowman as a suspect in the murders. In early 1979, as Bowman awaited transfer to prison for his conviction in the abduction case, Miller learned that Bowman was terrified of going to prison. Miller ordered his longtime snitch, Stark, to persuade Bowman to make statements about the murders. The plan was for Stark to let Bowman know that those statements would buy time for Stark to get out on bail and then return to help Bowman escape. Just after Miller began recording a confession from Bowman, he freed Stark by getting prosecutors to reduce a felony theft charge to a misdemeanor offense. As soon as Bowman realized that Stark was not returning to help him escape, he recanted his statements. County State's Attorney Robert Haida, who ordered the appeal of the Bowman case, said he would be discussing with the appellate prosecutors whether the state will appeal the latest decision. Haida has objected to taking a new look at the murders, instead choosing to appeal the lower court order for a new trial for Bowman. After the trial judge’s 2001 ruling for a new trial for Bowman, Haida said that he had found new evidence and that a DNA test in the West case would show Bowman was guilty. Bowman immediately volunteered for the blood test and hired his own expert to oversee the state's testing. The family of one of the victims submitted DNA samples, as well. On the day of the test, the state said the laser tester had broken and, in the end, insisted there was not enough DNA material to test. Bowman's expert, who examined the evidence, concluded that there was enough, but the state refused to test the evidence.11 On January 8, 2003, amid an outcry from civil rights and church groups, Governor Ronnie Musgrove of Mississippi ordered a last-minute stay of execution for Ronald Foster, a man with an IQ of 32, who was convicted of murdering a shop assistant at the age of 17. The US Supreme Court, which last year overturned the death penalty for mentally retarded inmates, is considering whether to end the execution of juvenile offenders, a practice that the US shares only with Iran.12 2002 saw an end to the dramatic decline in executions that took place during the previous two years in this country. According to data from the Death Penalty Information Center, the states put 71 convicts to death this year, up slightly from the 66 executions in 2001 but still markedly below the recent peak of 98 executions in 1999. Behind the increase in overall executions lies evidence of its continued marginalization. Fewer states (13) conducted executions this year than in any year since 1993. Texas alone, which executed 33 people, accounted for nearly half of the executions. The next state in number of executions, Oklahoma, put to death only seven people—less than a quarter of Texas's total. Outside the South, where 61 of the executions took place, only three states 11 Carolyn Tuft, "Appeals Court Upholds New Trial for Man Convicted in 2 Killings; Judges' Ruling Says Sheriff's Deputy 'Coerced' Bowman's Confession," St. Louis PostDispatch, December 31 2002. 12 O'Clery, "Us Death Penalty 'Has Racial Bias'." (California, Ohio and Missouri) executed anyone. Moreover, the number of new death sentences has declined significantly, and the growth of death rows nationwide finally has leveled off. In other words, outside of a few states, the penalty remains in decline.13 How DNA Analysis is Changing Crime and Punishment Australia and Britain are exploring the possibility of creating an exemption to the double-jeopardy rule in cases where compelling new evidence has emerged, such as DNA test results not available at the time of acquittal. The Law Commission of England recommended an exemption in murder cases in which compelling and reliable new evidence emerged. The former chief justice of Australia’s High Court, Sir Anthony Mason, similarly called for an exemption.14 According to a London police rape expert, rapists there who would otherwise have attacked strangers are now targeting victims in clubs and pubs. The rapists’ new strategy comes in the wake of increased rape convictions based on DNA evidence, and is designed to create an acquaintance relationship with the victim so that any DNA evidence that surfaces at the crime scene will be more easily explained away and prosecution will hinge not on the rapist’s identity, but on the more difficult issue of the woman’s consent. While the number of reported stranger rapes has remained constant over the last 20 years, acquaintance rapes have “soared.”15 Courts appear to be giving DNA more prominence in family law cases. A MN man whose former girlfriend led him to believe he fathered her son, and who agreed to a court order that he was the father, discovered after five years through DNA testing that he was not the father. He went to court to relieve himself of the title of father and of child support payments, but the lower court said it wasn’t in the child’s best interests to relieve him of legal fatherhood. In many states, including Minnesota, genetic parenthood hasn't mattered after a statute of limitations passes, the man has developed a relationship with the child, and a court has decided he's the legal father. But the state Court of Appeals argued that the child’s best interests shouldn’t be a factor in this case, and remanded the case to the lower court. Legislatures in New Jersey and Michigan are also looking at changing laws.16 In the wake of revelations that British media planned to steal Prince Harry’s hair in order to determine his paternity, Australia’s Law Institute of Victoria recommended that DNA paterntity tests carried out in secret should be inadmissible in court and should themselves be made a criminal offense. 13 "The Year in Death," The Washington Post, December 30 2002. Michael Owen-Brown, "Remove Double-Jeopardy Rule, Says Ex-Chief Justice," The Advertiser, December 23 2002. 15 Clare Dyer, "Rapists Target Pubs and Clubs," The Guardian, January 7 2003. 16 Pam Louwagie, "Who's Dad? DNA Tests Add Twist; Now That Paternity Can Definitely Be Determined, the Courts Are Looking at Legal Parent-Child Relationships in a New Light," Star Tribune, December 30 2002. 14 “Genetic Censuses” In 2003, Britain will begin a 10 to 20-year long study of the way that genes and the environment combine to cause common diseases with the ultimate goal of producing DNA-based diagnostics and drugs. To that end, study organizers will assemble a $120m database—U.K. Biobank—of the medical information of about 500,000 Britons, including their DNA. If enough people volunteer for pilot studies, 1.2 million healthy Britons from 45 to 69 will give DNA samples. From these, 500,000 will be chosen for the project by 2008. Study sponsors insist that insurance companies won’t be allowed access to any individual's data, nor will police, “of course, unless there is a major court order and so on.” At least 6 countries are preparing similar “genetic censuses” or have already established them.17 Britain's will be the largest of the databases proposed by governments or their private partners, and will be the first to try to quantify the roles of genes and environmental influences like smoking, alcohol, viruses, pollution, exercise and diet in unrelated people for all common diseases. Studying a huge selection of diverse people could make its discoveries applicable worldwide.18 Health officials in the United States are beginning to discuss a large database for research, said Dr. Lisa Brooks, a spokeswoman for the National Genome Research Institute at the National Institutes of Health. Smaller databases, gathering DNA from volunteers, are being started by the Mayo Clinic, among others.19 Iceland’s experience with a universal DNA database that the government eventually sold to pharmaceutical companies, as well as recent reports that a Jerusalem biotech company—ID Gene—was conducting genetic tests on the blood of large numbers of patients with diseases such as diabetes, Parkinson’s and hypertension in order to seek common genetic defects, has prompted the Israel Medical Association to convene an ethics committee to review such clinical genetic research. The committee favored the establishment of a national DNA bank whose data would be voluntarily collected, anonymously maintained, and protected from access by outsiders such as employers and insurers. It also called for a statutory authority to regulate such an endeavor, and in particular to protect patient autonomy, and require companies that sponsor the research to return a portion of their profits to the community and to individuals whose DNA was used.20 17 Iceland, the pioneer, has collected medical data and DNA samples from 80,000 related people to hunt genes that touch off disease. It will also develop a national database from patient records in its health care system. 18 Iceland's population, by contrast, is homogeneous. 19 Gwen Kinkead, "To Study Disease, Britain Plans a Genetic Census," The New York Times, December 31 2002. 20 Judy Siegel, "Israel Medical Association Calls for Watchdog for Genetic Research," The Jerusalem Post, January 6 2003. New Legal Applications of DNA Analysis and New Criminal Databases Dr. Ian Findlay, of the Australian Genome Research Facility at the University of Queensland, whose method of identifying people with an accuracy of 10 billion to one by a single cell (rather than the previously required 500 or so) was published in Nature in 1997, hopes his technique will, within the next 3 to 5 years, be used to prosecute “white collar” cases, such as corporate fraud, since anyone who handles a document leaves a few cells on it.21 Already in Australia, ATSIC deputy chairman Ray Robinson has been asked by police to provide a DNA sample in relation to two counts of forgery with which he has been charged.22 Forensics experts at Glasgow University are working on a computer system which would allow detectives to match crime scene earprints to those in an “earprint database” of known criminals. Apparently, an increasing number of house burglars leave earprints when they listen at windows and doors for movement inside, especially since homeowners have begun leaving on lights when absent to deter burglars. No two ears are alike; as in the case of fingerprints, positive matches can be made from points of comparison. Although the basic shape of an individual’s ear remains constant throughout life, earlobes tend to lengthen, providing a clue as to the suspect’s age. A ridge that develops in front of men’s ears as they age provides similar clues. Police forces in the Netherlands have pioneered the use of earprint evidence in courts, and are collaborating with researchers in Scotland and Italy.23 The Pentagon’s Defense Advanced Research Projects Agency (the same agency that created the Internet) is challenging scientists to create a detector that can identify people by their unique, genetically determined odor, and is offering $3.2m in grant funds to find out if it's even possible. Mice have been found to release a urinary odor that is genetically unique, based on the combination of acids found in varying concentrations. If scientists can prove within two and a half years that it’s possible to identify an individual through the odor of her sweat or urine, DARPA wants to build a prototype within six years. Steven Aftergood of the Federation of American Scientists, a Washington group that circulated news of DARPA's proposal, warns that such a detector—if it were ever built—might be confused by myriad and changing odors that people exude: “It would be like trying to detect an individual's fingerprints through a pair of gloves.”24 DNA Not A Cure for Human Error and Bias Cellmark, a British company that specializes in DNA identification, made a false positive DNA match in 1987 that could have led to the execution of an innocent man; 21 Mark Lawson, "DNA Testing Could Help in Battle against Fraud," Australian Financial Review, January 2 2003. 22 Doneman, "Robinson May Face 'Forced' DNA Test." 23 Murdo Macleod, "Police Hope Burglars Will Lend an Ear," Scotland On Sunday, December 22 2002. 24 "Cybernalia," Tech Weekly, December 26 2002. they further attempted a cover-up of the error until it was revealed by an external investigation.25 In response to recent questions raised about the Houston Police Department's crime lab, the acting Police Chief announced a four-point plan to review the lab's work and its procedures. HPD also has received a letter from the Association of Forensic DNA Analysts and Administrators, a nonprofit professional organization, raising concerns with some conclusions reached by certain employees in the HPD crime lab and questioning the quality of their work. Houston is apparently the largest city in the nation where the Police Department's crime lab is not accredited by the American Society of Crime Laboratory Directors/ Laboratory Accreditation Board, a voluntary program in which any crime lab may participate to show it meets established standards.26 In Britain, Brian Field, a child pedophile and killer, roamed free for more than a year because police lost a DNA profile proving his guilt. Detectives are now looking into 25 other unsolved child deaths, plus two missing youngster cases, and cannot rule out the possibility that Field struck again while free.27 A judge dismissed drunken driving charges against a 20-year-old college student after DNA testing paid for by the young man's parents showed police had used the wrong blood sample. The same police department has faced questions of its handling of blood evidence before, including during the O.J. Simpson murder trial.28 For two years, the Oregon State Police crime lab matched DNA evidence retrieved from burglaries to genetic profiles of 26 convicted felons and forwarded that information to the Portland Police Bureau, but detectives often didn't get the reports because of communication lapses within the bureau. The problem was discovered in August after Central Precinct police nabbed a suspected burglar, and the state lab informed them days later that DNA analysis had tied the same man to two other burglaries that occurred at least a year earlier. State forensic analysts told officers they had identified other city burglars and were puzzled why police had not been pursuing their leads. The bureau dealt with a related problem in the past year when it realized that more than 1,000 kits containing DNA from unsolved sex assaults dating back at least five years sat in its property room and were never submitted to the lab. 29 25 Will Hodgkinson, "The Guide: Watch This: Unthinkable: DNA in the Dock 9pm, SciFi," The Observer, November 30 2002. 26 Peggy O'Hare, "Hpd to Review Crime Lab's Work; Investigation by Channel 11 Questioned Whether Errors Led to Jailing of Innocent," The Houston Chronicle, November 16 2002. 27 Boris Worrall, "Blunder over DNA of Killer," Birmingham Evening Mail, November 28 2001. 28 "Judge Dismisses Dui Case after DNA Shows Lapd Tested Wrong Sample," The Associated Press, December 15 2002. 29 Maxine Bernstein, "Police Miss Dozens of DNA Leads," The Oregonian, November 14 2002. DNA expert Dan Krane's newly formed company, Forensic Bioinformatics Services (FBS), has negotiated with Wright State University for rights to use Genophiler, a software product developed by Krane and his colleagues at Wright State University to interpret DNA evidence. “One case in three has a serious problem that needs to be brought to the defense attorney's attention,” said Krane. DNA collected at a crime scene and analyzed by the local crime lab does not provide tangible evidence for the defense or prosecution until it has been interpreted. “The DNA testing labs generate electronic data that is only useful to individuals who happen to own a set of software programs that cost $18,000. The crime labs have them. And the prosecution gets results from the crime labs. This is a problem for the defense bar. They have to tell their clients they cannot afford the evaluation needed to challenge the prosecution. What kind of defense can be mounted using the prosecution's evidence?” There is little industry standard regarding DNA analysis, and the science is still so new that even though hundreds of thousands of cases in America are using DNA as evidence, there are only a handful of scientists available to interpret and review test results.30 DNA testing on a single hair failed to win a new trial for a man on death row in South Carolina for 18 years in the rape and murder of a 75-year-old widow. Defense attorneys said he couldn't be the killer because genetic analysis showed that a pubic hair found at the scene was from a white person, while he is black. The Circuit judge ruled that “one hair isn't enough,” and prosecutors discounted the unidentified hair, saying it could have been picked up when the victim’s body was dragged across the floor. DNA reports from several loose hairs found on the victim’s body, however, show that all but one belonged to the victim. A forensics investigator testifying 5 years ago had identified the evidence as blue fibers, not hair, but said they were missing. Then, in 1999, he said the hair had turned up in a filing cabinet.31 30 "DNA for the Defense: New Wright State University Software Interprets DNA Evidence," AScribe Newswire, October 22 2002. 31 "Judge Discounts DNA Evidence," The Atlanta Journal and Constitution, December 22 2000. Babwin, Don. "Gov. George Ryan Grants Blanket Clemency for Death Row Inmates." The Associated Press State & Local Wire, January 11 2003. Bernstein, Maxine. "Police Miss Dozens of DNA Leads." The Oregonian, November 14 2002, A01. "Cybernalia." Tech Weekly, December 26 2002, F7. "DNA for the Defense: New Wright State University Software Interprets DNA Evidence." AScribe Newswire, October 22 2002. Doneman, Paula. "Robinson May Face 'Forced' DNA Test." Courier Mail, January 10 2003, 2. Dyer, Clare. "Rapists Target Pubs and Clubs." The Guardian, January 7 2003, 5. Fewster, Sean. "Wipe DNA for Young Offenders: Democrats." The Advertiser, January 4 2003, 14. Glod, Maria. "Va. To Begin Taking DNA after Arrests for Felonies; Prosecutors, Rights Activists Split on Database Expansion." The Washington Post, January 1 2003, B01. Glod, Maria, and Steven Ginsberg. "Va. Delays Changing New Evidence Rules; Panel Wants Legislators to Decide Deadline." The Washington Post, January 9 2003, B05. Halbfinger, David M. "Police Dragnets for DNA Tests Draw Criticism." The New York Times, January 4 2003, A1. Hodgkinson, Will. "The Guide: Watch This: Unthinkable: DNA in the Dock 9pm, SciFi." The Observer, November 30 2002, 83. Ingrassia, Robert. "Judge Blasts Jogger 5 Reversal." Daily News, December 21 2002, 4. "Judge Discounts DNA Evidence." The Atlanta Journal and Constitution, December 22 2000, 2B. "Judge Dismisses Dui Case after DNA Shows Lapd Tested Wrong Sample." The Associated Press, December 15 2002. Kinkead, Gwen. "To Study Disease, Britain Plans a Genetic Census." The New York Times, December 31 2002, F5. Lawson, Mark. "DNA Testing Could Help in Battle against Fraud." Australian Financial Review, January 2 2003, 5. Louwagie, Pam. "Who's Dad? DNA Tests Add Twist; Now That Paternity Can Definitely Be Determined, the Courts Are Looking at Legal Parent-Child Relationships in a New Light." Star Tribune, December 30 2002, 1A. Macleod, Murdo. "Police Hope Burglars Will Lend an Ear." Scotland On Sunday, December 22 2002, 22. Maggi, Laura. "DNA Test for Inmates Elusive Despite Law; La. Fund Lacks Cash; Evidence Hard to Find." The Times-Picayune, December 16 2002, 1. McQuillan, Alice, and Barbara Ross. "Jogger 5 Ruling Today; Irate Detective Union Vows to Block Order." Daily News, December 19 2002, 8. O'Clery, Conor. "Us Death Penalty 'Has Racial Bias'." The Irish Times, January 9 2003, 11. O'Hare, Peggy. "Hpd to Review Crime Lab's Work; Investigation by Channel 11 Questioned Whether Errors Led to Jailing of Innocent." The Houston Chronicle, November 16 2002, A35. Owen-Brown, Michael. "Remove Double-Jeopardy Rule, Says Ex-Chief Justice." The Advertiser, December 23 2002, 11. Siegel, Judy. "Israel Medical Association Calls for Watchdog for Genetic Research." The Jerusalem Post, January 6 2003, 4. Tuft, Carolyn. "Appeals Court Upholds New Trial for Man Convicted in 2 Killings; Judges' Ruling Says Sheriff's Deputy 'Coerced' Bowman's Confession." St. Louis Post-Dispatch, December 31 2002, B1. Worrall, Boris. "Blunder over DNA of Killer." Birmingham Evening Mail, November 28 2001, 1. "The Year in Death." The Washington Post, December 30 2002, A16.